Karnataka High Court
Javeed Bijapur And Ors vs The District Registrar And Ors on 6 December, 2023
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
-1-
NC: 2023:KHC-K:9050
WP No.202289 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO.202289 OF 2023 (CS-EL/M)
BETWEEN:
1. JAVEED BIJAPUR
S/O MAHEBOOB SAB,
AGED ABOUT 38 YEARS,
OCC: MEMBER, AMANATH MINORITY
CO-OP. CREDIT SOCIETY LIMITED,
R/O ANJUMAN COMPLEX,
NEAR TIPPU SULTAN CIRCLE,
KOLAR, TQ: BASAVANA BAGEWADI,
DIST: VIJAYAPURA-586 101.
2. FATHIMA
W/O PEERMAHMAD GIRGANVI,
AGED ABOUT 48 YEARS,
OCC: MEMBER, AMANATH MINORITY
Digitally signed
by SACHIN CO-OP. CREDIT SOCIETY LIMITED,
Location: HIGH R/O KHAJA NAGAR, KOLAR,
COURT OF
KARNATAKA TQ: BASAVANA BAGEWADI,
DIST: VIJAYAPURA-586 101.
3. MD.RAFEEQ
S/O BANDAGISAB HAWALDAR,
AGED ABOUT 38 YEARS,
OCC: MEMBER, AMANATH MINORITY
CO-OP. CREDIT SOCIETY LIMITED,
R/O KOLAR, TQ: BASAVANA BAGEWADI,
DIST: VIJAYAPURA-586 101.
4. RIYAZ S/O LADAJISAB,
AGED ABOUT 42 YEARS,
-2-
NC: 2023:KHC-K:9050
WP No.202289 of 2023
OCC: MEMBER, AMANATH MINORITY
CO-OP. CREDIT SOCIETY LIMITED,
R/O KOLAR, TQ: BASAVANA BAGEWADI,
DIST: VIJAYAPURA-586 101.
...PETITIONERS
(BY SRI RAVI B. PATIL, ADVOCATE)
AND:
1. THE DISTRICT REGISTRAR
OF SOCIETIES AND DEPUTY REGISTRAR
OF CO-OPERATIVE SOCIETIES,
VIJAYAPURA, ANTI-FAMINE BUILDING,
NEAR AMBEDKAR CIRCLE,
VIJAYAPURA-586 101.
2. THE AUTHORIZED OFFICER,
S.M.HANGARAGI,
OFFICE OF THE DISTRICT REGISTRAR,
OF SOCIETIES AND DEPUTY REGISTRAR
OF CO-OPERATIVE SOCIETIES,
VIJAYAPURA, ANTI-FAMINE BUILDING,
NEAR AMBEDKAR CIRCLE,
VIJAYAPURA-586 101.
3. THE CHIEF EXECUTIVE OFFICER,
AMANATH MINORITY
CO-OP. CREDIT SOCIETY LIMITED,
ANJUMAN COMPLEX,
NEAR TIPPU SULTAN CIRCLE, KOLAR,
TQ: BASAVANA BAGEWADI,
DIST: VIJAYAPUR-586 101.
4. MOHAMMED SALEEM
S/O ABDUL RAHEMAN ATTAR,
AGE: MAJOR,
OCC: MEMBER, AMANATH MINORITY
CO-OP. CREDIT SOCIETY LIMITED,
R/O KOLAR, TQ:BASAVANA BAGEWADI,
DIST: VIJAYAPURA-586 101.
-3-
NC: 2023:KHC-K:9050
WP No.202289 of 2023
5. JAVEED
S/O NOORAHMED BEELAGI,
AGE: MAJOR,
OCC: MEMBER, AMANATH MINORITY
CO-OP. CREDIT SOCIETY LIMITED,
R/O KOLAR, TQ:BASAVANA BAGEWADI,
DIST: VIJAYAPURA-586 101.
6. NOOR AHMED
S/O HATEL SAB KANKARPEER,
AGE: MAJOR,
OCC: MEMBER, AMANATH MINORITY
CO-OP. CREDIT SOCIETY LIMITED,
R/O KOLAR, TQ:BASAVANA BAGEWADI,
DIST: VIJAYAPURA-586 101.
7. MOHAMMED SALEEM
S/O RAJAHMED SARWAD,
AGE: MAJOR,
OCC: MEMBER, AMANATH MINORITY
CO-OP. CREDIT SOCIETY LIMITED,
R/O KOLAR, TQ:BASAVANA BAGEWADI,
DIST: VIJAYAPURA-586 101.
8. WASEEM AKRAM
S/O RAFEEQ AHMED PAKALI,
AGE: MAJOR,
OCC: MEMBER, AMANATH MINORITY
CO-OP. CREDIT SOCIETY LIMITED,
R/O KOLAR, TQ:BASAVANA BAGEWADI,
DIST: VIJAYAPURA-586 101.
9. DADAPEER
S/O NAZEERSAB KANKARPEER,
AGE: MAJOR,
OCC: MEMBER, AMANATH MINORITY
CO-OP. CREDIT SOCIETY LIMITED,
R/O KOLAR, TQ:BASAVANA BAGEWADI,
DIST: VIJAYAPURA-586 101.
10. ALLABAKSHA MAHEBOOBSAB
GIRAGAVI, AGE: MAJOR,
OCC: MEMBER, AMANATH MINORITY
-4-
NC: 2023:KHC-K:9050
WP No.202289 of 2023
CO-OP. CREDIT SOCIETY LIMITED,
R/O KOLAR, TQ:BASAVANA BAGEWADI,
DIST: VIJAYAPURA-586 101.
11. MAHEBOOBEE
W/O ABDUL RAHEMAN ATTAR,
AGE: MAJOR,
OCC: MEMBER, AMANATH MINORITY
CO-OP. CREDIT SOCIETY LIMITED,
R/O KOLAR, TQ:BASAVANA BAGEWADI,
DIST: VIJAYAPURA-586 101.
...RESPONDENTS
(BY SRI SHIVAKUMAR R. TENGALI, AGA FOR R1 AND R2;
SRI D. P. AMBEKAR, ADVOCATE FOR R4 TO R11;
NOTICE TO R3 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A) WRIT OF CERTIORARI BY QUASHING THE IMPUGNED
NOTICE DATED 28.07.2023 ISSUED BY THE 2ND RESPONDENT
AUTHORITY FIXING THE MEETING OF NO CONFIDENCE
MOTION SCHEDULED ON 16.08.2023 BEARING NO.
¹rN/DgïJ¸ïDgï/C.UÉÆÃ.ªÀÄA/01/23-24 AS AT ANNEXURE-Q, AS
ILLEGAL, ARBITRARY AND CONTRARY TO THE REQUIREMENTS
UNDER SEC.14AKK OF KARNATAKA COOPERATIVE SOCIETIES
RULES, 1960; B) ISSUE A WRIT OF CERTIORARI TO QUASH
THE ORDER DATED 12.07.2023 ISSUED BY THE 1ST
RESPONDENT AUTHORITY IN FILE NO.DRG/RSR/CR13/2023-24
APPOINTING THE 2ND RESPONDENT AUTHORITY AS THE
AUTHORIZED OFFICER TO CONDUCT MEETING OF NO-
CONFIDENCE MOTION BASED ON THE NOTICE OF NO
CONFIDENCE SUBMITTED BY THE RESPONDENTS NO.4 TO 11
INVOKING SEC.14AKK AS REFERRED TO IN ANNEXURE-Q AS
ILLEGAL AND ARBITRARY; C) ISSUE A WRIT OF MANDAMUS
DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE
REPRESENTATION OF THE PETITIONERS DATED 02.08.2023 AS
AT ANNEXURE-P BEFORE HOLDING THE MEETING FOR NO-
CONFIDENCE MOTION BASED ON THE NOTICE FOR MOTION OF
NO CONFIDENCE SUBMITTED BY THE RESPONDENTS NO.4 TO
11 AS AT ANNEXURE-K AND ETC.
-5-
NC: 2023:KHC-K:9050
WP No.202289 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard learned counsel for the petitioners, learned Additional Government Advocate for respondent Nos.1 and 2 and learned counsel, Sri D.P. Ambekar for respondent Nos.4 to 11. Respondent No.3 is served and un- represented.
2. The petitioners have filed this writ petition seeking to quash the impugned notice dated 28.07.2023 issued by respondent No.2-authority fixing the meeting of no-confidence motion scheduled on 16.08.2023 as illegal, arbitrary and contrary to the requirement under Rule 14- AKK of the Karnataka Co-operative Societies Rules, 1960 (for short, 'the Rules, 1960'). Further, to quash the order dated 12.07.2023 issued by respondent No.1-authority appointing respondent No.2-authority as the authorized officer and for the relief of mandamus directing respondent No.1 to consider the representation of the petitioners dated 02.08.2023 vide Annexure-P. -6- NC: 2023:KHC-K:9050 WP No.202289 of 2023
3. Learned counsel for the petitioners contends that the petitioners are the Directors of Amanath Minority Co-Operative Credit Society Limited, registered under the provisions of the Karnataka Co-operative Societies Act, 1959 (for short, 'the Act, 1959'). It is further contended that the petitioners are the co-opted members of the society. It is also contended that respondent Nos.6 and 10 have given their resignations on 26.08.2022 and respondent Nos.7 and 11 have also given their resignations on 09.09.2022, which were accepted on 16.09.2022 and 01.10.2022 respectively and on the very same respective days, the petitioners herein were co- opted in the place of the resigned members. Therefore, they contend that they are the co-opted members of the society i.e., Amanath Minority Co-Operative Credit Society Limited/respondent No.3.
4. It is further contended that in earlier round of litigation in W.P.No.202053/2023, the President of the society had approached this Court challenging the notice -7- NC: 2023:KHC-K:9050 WP No.202289 of 2023 of no-confidence issued by respondent No.2 as illegal, arbitrary and contrary to the requirements under Rule 14- AKK of the Rules, 1960 and 15 clear days notice to be issued for no-confidence motion. The said petition was allowed on 24.07.2023 reserving liberty to respondent No.2 to issue fresh notice by complying the provisions of law. Pursuant to which, respondent No.2 issued 15 clear days notice for no-confidence motion, but according to the petitioners, 15 clear days notice subsequently issued for no-confidence motion by respondent No.2-authority was not served on the petitioners herein. On the other hand, the petitioners were co-opted prior to issuance of notice. Therefore, he contends that the notice is bad in law and seeks to quash the same.
5. Per contra, learned Additional Government Advocate representing the respondent Nos.1 and 2/State and learned counsel representing respondent Nos.4 to 11 contend that the petition filed by the petitioners is not maintainable as they are not the members of the society -8- NC: 2023:KHC-K:9050 WP No.202289 of 2023 and the documents produced by them or the statement made with regard to their co-option in view of resignations of respondent Nos.6, 7, 10 and 11 are fraudulent, fictitious, concocted and created documents and that there are no resignations by the contesting respondents. It is a document created to misguide this Court and the authorities. Therefore, the no-confidence motion moved against the President is correct and due process of law has been followed by issuing 15 days clear notice in pursuance to the order passed by the Co-ordinate Bench of this Court in the earlier round of litigation in the writ petition mentioned herein above. Therefore, the question of issuance of notice to the petitioners does not arise as they are not the Members on record and no documents have been placed to show that they are the co-opted members.
6. The same line of argument is put-forth by learned Additional Government Advocate that respondent No.2 acted in accordance with the law and on the basis of records by issuing notice to the concerned Members, who -9- NC: 2023:KHC-K:9050 WP No.202289 of 2023 are on record shown as Members of the Society. Under these circumstances, the counsel for respondents seek dismissal of this petition.
7. Having heard learned counsel for both parties, the fact remains that there is disputed question of fact with regard to the resignations of respondent Nos.6, 7, 10 and 11 and co-option of the present petitioners in the place of so-called resigned Members. The issue with regard to no-confidence motion moved by respondent Nos.4 to 11 against the President would have to be considered in accordance with law by the Registrar of Cooperative Society.
8. In view of the fact that there are rival claims with regard to resignations and co-option and a representation having been filed before the Registrar vide Annexure-P, it becomes incumbent upon the Registrar to consider the representation and pass suitable orders and thereafter, initiate the action of considering the no- confidence motion moved by respondent Nos.4 to 11.
- 10 -
NC: 2023:KHC-K:9050 WP No.202289 of 2023 Therefore, this is the short point involved in this case is to be considered by respondent No.1 - District Registrar of Cooperative Societies to consider the representation vide Annexure-P given by the petitioners and pass suitable orders in accordance with law and thereafter, initiate proceedings with regard to no-confidence motion moved by respondent Nos.4 to 11 as against the petitioners. Accordingly, I pass the following:
ORDER The writ petition is disposed of in the following directions:
(i) Respondent No.1 - the District Registrar of Cooperative Society is directed to consider the representation of the petitioners dated 02.08.2023 vide Annexure-P taking into notice whether the petitioners herein are co-opted Members or Members of the Society against respondent Nos.6, 7, 10 and 11 having resigned and whether such resignations are valid and it is signed without any coercion, ill-will or fraudulent one and the petitioners being legally valid
- 11 -
NC: 2023:KHC-K:9050 WP No.202289 of 2023 co-opted Members which shall be decided by respondent No.1 upon hearing the petitioners as well as respondent Nos.4 to
11.
(ii) The petitioners and the contesting respondents shall appear before the office of respondent No.1-the District Registrar of Cooperative Societies on 11.12.2023 at 11.00 a.m. and put-forth their submissions and place all materials along with copy of this order to prove their case based on which respondent No.1 shall pass suitable orders in accordance with law.
(iii) In view of disposal of petition, any pending interlocutory applications do not survive for consideration.
Sd/-
JUDGE RSP/sn List No.: 1 Sl No.: 79